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How Long Do You Have to File Probate After Death?

Probate is the legal process of closing someone’s estate after they pass away. Probate proceedings can vary widely from case to case in terms of their scope and length, but the primary purpose is always the same: settle the decedent’s liabilities and distribute the estate’s assets. In the ideal scenario, the decedent has left a will that nominates a personal…

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Can a Will Be Contested After Probate is Granted in Arizona?

When a county court issues a grant of probate, the court certifies two important facts: first, that the last will and testament submitted to the court is valid, and second, that the executor or administrator appointed in the grant has full legal authority to act as the estate’s personal representative. This individual is usually nominated in the will, and will…

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How to Reopen a Closed Probate Case in Arizona

In the state of Arizona, probate law is dictated by the Uniform Probate Code and ARS Title 14. While closing an estate is meant to be final and conclusive, there are circumstances that may warrant reopening probate. When determining if it’s necessary to reopen probate, the judge will assess the petitioner’s reasoning, evidence, and whether or not the claim falls…

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How Does an Executor Sell a Car During Probate?

When you pass away, all of your individually-owned assets are “locked” until someone receives court authority to access them. In probate, that individual is known as your estate’s personal representative (also known as an executor in other states). Whether you nominate the personal representative in your will or a family member petitions to serve as the personal representative, he or…

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What Happens If a Beneficiary Dies Before Probate is Completed?

When a beneficiary to a will passes away after probate is opened but before the assets are distributed, the status of their inheritance will depend on the terms of the testator’s will and the state’s succession laws. In the state of Arizona, succession laws are based on the Uniform Probate Code (UPC) and Arizona Revised Statutes Title 14 (ARS 14)….

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Do Annuities Go Through Probate?

Annuities are investment products that are offered by insurance companies. There are a number of different types of annuities that serve unique estate planning purposes, though most annuities are designed to accomplish two core functions—to provide an income stream during your lifetime, and to transfer assets to a beneficiary when you die. Regardless of what type of annuity you own,…

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What is a Waiver of Notice of Probate of a Will?

When going through the probate process, sometimes a waiver of notice is required to make sure the proceedings go smoothly. What is a Waiver of Notice? Generally speaking, a waiver of notice is a legal document that waives an individual’s right to formal notification. The purpose of a waiver of notice is usually to allow legal proceedings to commence unencumbered…

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5 Most Commonly Asked Questions About Probate Attorneys

In order to address the 5 risks of skipping a probate attorney we’ll address 5 of the most commonly asked questions regarding probate in Arizona. Why Do I Need a Probate Attorney? The first step in the probate process is to ask the court to appoint a personal representative for the deceased person’s estate. Other states call this person the…

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